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TMI Blog2015 (11) TMI 1593X X X X Extracts X X X X X X X X Extracts X X X X ..... ansaction value. As per Cenvat Credit Rules, 2004 the respondent is required to reverse the Cenvat credit availed on the inputs at the time of clearance of such inputs as such. Admittedly, in this case, the respondent has cleared the inputs as such. Therefore, the only liability of the respondent is that whatever credit they have availed on these inputs, the respondent is required to reverse the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 72, 73 84 of Central Excise Tariff Act, 1985. During the period September 2002, the respondent cleared inputs as such, by reversing the Cenvat credit availed thereon. As respondents had sold the inputs on higher value, therefore, Revenue is of the view that respondent is liable to pay duty on the transaction value and consequential differential duty was asked from the respondent and a show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t respondent is not the manufacturer of the inputs. Therefore, duty cannot be demanded from the respondent on transaction value and as per Rule 3(5) of the Cenvat Credit Rules, respondent is required to reverse the Cenvat credit to the extent of availment. Therefore, impugned order is to be upheld. 5. It is the admitted fact that respondent is not a manufacturer of the inputs. Consequently, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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